Legal Question in Criminal Law in California

posts about murder on a message board?

I own a website domain which includes a messageboard where members can post. There is a legal disclaimer to which all new members must agree stating that the website owner is not responsible for member content, etc. What if someone posts a message on the board confessing to murder (and it's true)? Is this a crime? Would I be legally compelled to report it? What if someone posts that they have plans to murder?


Asked on 1/27/05, 12:08 am

2 Answers from Attorneys
Okorie Okorocha California Legal Team

Re: posts about murder on a message board?

What kind of message board is this? You are typically not responsible for reporting crimes or dangers unless you are in a special relationship with the person, say a teacher-student and so forth. I doubt webmaster and poster would suffice.

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Answered on 1/27/05, 12:20 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: posts about murder on a message board?

Confessing is not a crime, so publishing a confession which the author intended for you to publish is not a problem. Of course, the underlying act was be a crime, but that act was already complete before your hypothetical post and no reasonable person could hold you responsible for it in any way.

By and large, hosts of internet forums, BBSs, etc. are not liable for what users post to their site. I can think of circumstances where you might be liable (at least civilly), but they are somewhat far-fetched. They are also too complex to describe in the limited space I have available.

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Answered on 1/27/05, 12:23 am


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